CLIMATE CHANGE ADAPTATION WITHIN LAND USE AND TENURE REFORMS IN RWANDA

Transcription

1 CLIMATE CHANGE ADAPTATION WITHIN LAND USE AND TENURE REFORMS IN RWANDA POLICY RESEARCH BRIEF NO. 4 LAND PROJECT June 2015 This report is made possible by the support of the American People through the United States Agency for International Development (USAID).

2 CONTACT INFORMATION: Anna Knox Chief of Party LAND Project Nyarutarama, Kigali Tel: The author s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

3 CLIMATE CHANGE ADAPTATION WITHIN LAND USE AND TENURE REFORMS IN RWANDA POLICY RESEARCH BRIEF NO. 4 LAND PROJECT Contract No. AID-696-C Chemonics International, Inc. Recommended Citation: John, Heermans, Madina, Ndangiza, and Anna Knox Climate Change Adaptation within Land Use and Tenure Reforms in Rwanda, Policy Research Brief No. 4, Kigali, Rwanda: USAID LAND Project. June. The author s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

4 CONTENTS 1. BACKGROUND RESEARCH OBJECTIVES METHODS AND SOURCES OF INFORMATION ADAPTATION IN POLICY AND PRACTICE Key Climate Risk Factors... 4 Historical Climate Data Patterns and Scientific Projections... 4 Regional Observations and Recent Extreme Events... 5 Climate Change Risks and Impacts... 5 Collecting and Sharing Climate Change Data Climate Change Adaptation Integrated in Land Policy... 8 Laws and Ministerial Orders... 9 Policies National Programs National Guiding Strategies Climate Change Adaptation: Implementation and Outcomes Implementation Costs Integration of Climate Change Adaptation in Land Use Planning The National Land Use and Development Master Plan and Adaptation District Level Land Use Planning and Adaptation Urban Planning and Adaptation RECOMMENDATIONS Coordination, Sharing and Transparency Allocating Resources, Strengthening Capacity Conservative Estimations and Use of Projections Coordination with Vulnerable Communities Strengthen Land Use Regulation and Enforcement CONCLUSIONS ANNEXES Annex I: Key Informants, Organizations and Interview Dates Annex II: Key Informant Interview Questionnaire Guide... 31

5 1. BACKGROUND Across equatorial and east Africa, climate change is affecting the frequency, intensity and variability of regional climate patterns. 1 Changes in rainfall patterns, temperatures and storm intensity are having significant effects on national economies, regional infrastructure, land use and local livelihoods. These changes are forcing national and local governments to adjust and adapt how they plan, prepare and implement day to day operations today and larger visions for the future. The ability of governmental policies and programs to address challenges from climate change will ultimately determine how economies grow and how social welfare and the environment are preserved and protected. In Rwanda, climate change impacts are forcing the government to integrate adaptation measures to ensure that its environment, its economy, and, most importantly, its people are able to withstand the negative effects of floods, storms and droughts. Within the last two decades, and even more so in recent years, Rwanda has included climate change adaptation elements into some land use policies, regulations, programs and national growth strategies, although these elements are often weak and lack substantive direction or mandate for land use planners and managers. Additionally, since the implementation of those policies is, in many cases, too recent to determine how effective they are at reducing risks and vulnerabilities to climate change, there still exist opportunities for Rwanda to learn from the performance of matured policies, strengthen current adaptation approaches, adopt best practices from regional examples sharing similar experiences, and better integrate climate change adaptation interventions across governmental action. Climate change impacts in Rwanda are amplified by a fast growing population under an increasing density distribution, with a large portion (45%) of the population living below the poverty line and increasing competition for dwindling natural resources. 2 These challenges have led to unsustainable and unhealthy land use practices, including: settlements on steep slopes and in floodplains, deforestation, overcrowding in urban areas, and poor waste management, to name a few. 3 With projections in the near future pointing toward increases in population, higher temperatures and more variable rainfall patterns, climate change impacts may be dramatically more intense in the near future and under increasing pressure from unsustainable land use. Rwanda has an opportunity now to incorporate sustainability and climate change adaptation measures into land use and tenure policies to accommodate larger future generations and reduce climate change risks through mitigation efforts implemented today. Climate change policy is still relatively young in Rwanda, having only been triggered from staggering research findings in Since then, Rwanda has moved to integrate climate change adaptation into policies, programs and land use planning 1 International Panel on Climate Change (IPCC) (2014). Fifth Assessment Report (AR5). Chapter 22: Africa. 2 World Bank, Global Poverty Working Group. (2011). Website: 3 Republic of Rwanda (2011). Green Growth and Climate Resilience: National Strategy for Climate Change and Low Carbon Development. In collaboration with the Smith School of Business and the Climate Development Knowledge Network. 4 Interview with FONERWA Coordinator (2/24/2015). ** The report: Stockholm Environment Institute (SEI). (2009). The Economics of Climate Change in Rwanda. `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda 1

6 processes. Previously, many indirect adaptation efforts were already embedded within existing programs that were not explicitly designed for climate change, even if they do have risk mitigation implications. Strengthening existing programs and adopting addtional direct adaptation policies will be key to ensuring Rwanda s adaptive capacity in the shadow of increasing climate change risks. This policy brief will: examine key impacts of climate change in Rwanda, assess the performance and implementation of climate change adaptation measures in land use policy frameworks and suggest key recommendations that could strengthen Rwanda s land use policies to better integrate climate change adaptation measures. 2. RESEARCH OBJECTIVES I. To identify the key climates risks factors facing Rwanda and climate change projections. The first objective will determine the climate change impacts of highest concern in Rwanda using events from recent years, historical weather patterns and disaster events that have occurred within the last few decades. Within this objective, climate change impacts and projections will help to better understand how these impacts are measured and manifested by Rwanda s social, environmental and economic facets over time. II. To determine the extent to which land and natural resource policy, legislation and programs in Rwanda address climate change adaptation. Within the second objective, this research examined how land and natural resource policies, legislation and programs have integrated climate change adaptation measures, either through directly addressing the issue or through interventions that indirectly have adaptation co-benefits. III. To assess the outcomes of land policy, legislation, and programs (including the LTRP) on the adoption of climate change adaptation measures. The third objective assessed how adaptation measures in policies, programs, and legislation have been implemented and what has been the effect on increasing Rwanda s adaptive capacity to climate change. While data collection was broad, the research primarily focused on the effects of climate change adaptation policies on disaster prevention practices, impact mitigation, social welfare protection and economic growth. IV. To document climate change adaptation measures that Rwanda has implemented, the outcomes of these measures in terms of cost, disaster prevention and impact mitigation, economic growth, and social welfare. The fourth objective evaluates how land policy, legislation and programs have affected the adoption of climate change adaptation measures and how land policy has supported investments with adaptation benefits. 2 `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda

7 V. To assess to what extent climate risk analysis and corresponding risk mitigation measures are integrated into the land use master planning process at the national and district levels (both for urban versus rural planning). The fifth objective determines the how climate change adaptation is integrated in national, district, urban and rural land use planning processes. VI. To propose recommendations for policy and practice that can be used to strengthen climate change adaptation considerations and approaches in policy, law and planning in Rwanda. The final section offers conclusions and recommendations. Recommendations are provided to augment current land policy approaches, as well as suggested as new innovative strategies that have proven effective in other locales experiencing similar effects as Rwanda. 3. METHODS AND SOURCES OF INFORMATION Policy research for this brief was conducted with primary and secondary sources. Primary sources included interviews with key informants, determined by the research team and through recommendations from key governmental partners in the Ministry of Natural Resources (MINIRENA). Reviews of secondary source material included national legislation, governmental reports, independent research and a review of international best practices. Primary source research included interviews with key informants within national governmental offices, district offices, international organizations and civil society organizations. A questionnaire was designed to guide key informant interviews, and sent ahead of the interview in preparation for face-to-face interviews. This enabled the respondents to be familiar with the questions, to reflect on the information sought beforehand, and to point out important and relevant issues they found pertinent. Measures were taken in the preparation of the questionnaire to ensure that it was easily understandable, clear and comprehensive. While this provided more structure than only using a thematic guide, the interviewers made efforts to probe important information and not let the questionnaire restrict conversation. Doing so enabled the authors to fill knowledge gaps on both land tenure and climate change adaptation issues, making findings and recommendations more focused. A list of key informant interviews is provided in Annex I. The questionnaire is provided in Annex II. 5 Secondary source research included a review of policies (Ministerial Orders, laws), national strategies (policies, sector strategic plans), land use plans, government reports, and independent international climate related research. In developing a list of recommendations that could strengthen Rwanda s climate change adaptation efforts in land use policy, a light review of best practices from countries with contexts similar to 5 A list of key informant interviews is provided in Annex I. The key informant questionnaire is provided in Annex II. Not all key informants were actually interviewed, due to their availability, which is evident in the meeting date column. Some interviews were also cut short due to interviewee schedules, which left gaps in the information from some key institutions. `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda 3

8 Rwanda was performed to supplement the recommendations from key informants or suggested amendments to existing adaptation programs. 4. ADAPTATION IN POLICY AND PRACTICE From the research, it is evident Rwanda does have climate change adaptation elements within some land use and tenure policy, though their incorporation is not robust. In many instances, adaptation is indirectly addressed as an unintentional consequence of land policies that are currently underway. In other instances, adaptation measures are weakly contrived and poorly implemented, miss an opportunity to focus on climate change impacts and risks, lack inter-governmental coordination, or are missing altogether. To strengthen Rwanda s capacity to adapt to climate change, this brief provides an understanding of how some land policies have embraced adaptation principles and where the integration of climate adaptation is weak in current policies. 4.1 Key Climate Risk Factors In recent decades, Rwanda has observed considerable changes in its climate. Higher temperatures, variations in seasonal rainfall patterns and increased frequency of extreme storms have led to more frequent flooding, droughts and landslides. These extreme events have led to famine, property damage and destruction (including agriculture, private property and infrastructure), costly emergency actions and increases in weather related morbidity and mortality. Historical Climate Data Patterns and Scientific Projections Since 1970, Rwanda has noticed a 0.35 C increase per decade in annual mean temperature, which is slightly higher than the global average at 0.27 C. Over time, these temperatures are projected to continue to increase by 2.5 C by 2050 and 4 C by Regionally, in many parts of eastern Africa, extreme warming events are beginning to occur more frequently. 7 Temperature projections are given with high confidence due to historical data, projection confidence levels and global warming trend data supporting regional observations. Rainfall patterns are also being disturbed by climate change, although projections carry less certainty how variability will be manifested seasonally and by volume. As well, less accurate historical data exists to track changes within recent decades. Despite lower confidence levels, rainfall patterns in eastern and central Africa are predicted to increase throughout the beginning and middle of the 21 st century, resulting in a wetter and more intense wet season. 8 Insufficient data exists to determine regional seasonal precipitation variation. Uncertainty also surrounds dry 6 Republic of Rwanda (2011). Green Growth and Climate Resilience: National Strategy for Climate Change and Low Carbon Development. In collaboration with the Smith School of Business and the Climate Development Knowledge Network. 7 IPCC (2014). AR5. Chapter 22: Africa. 8 IPCC (2014). AR5. Chapter 22: Africa. 4 `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda

9 seasons, with multiple theories aimed at predicting drought frequency and intensity in central and eastern Africa. 9 Regional Observations and Recent Extreme Events Over the last two decades in Rwanda, the most commonly observed natural disasters were the result of heavy precipitation in single, intense events. Floods and landslides have occurred during and after intense rainstorms. In 1997, a number of extreme events took place and caused extensive damage to property, public health and environmental zones. The most commonly observed extreme event has been flooding, with major flood events occurring in 1997, 2002, 2006, 2007, 2008, 2009 and The majority of flood events occur in the Northern and Western Province where rainfall patterns are heavier and topography and soil type add to regional vulnerability. Large areas of steep slopes concentrate rainfall runoff into narrow valleys and floodplains. Rocky terrain with shallow topsoil and reduced forest cover due to spreading agriculture and charcoal production has led to limited soil absorption of precipitation, resulting in increased runoff and erosion. 11 While less recurrent, droughts are occurring in Rwanda with increasing frequency and are more common in the Eastern Province. 12 Rwanda reports droughts occurring in 2000, 2006, 2011 and The 2011 drought was a large regional occurrence that caused famine throughout much of East Africa; however, this event was less intense in Rwanda, which was largely spared effects of food shortages. 13 Due to the risks of famine and food shortage surrounding drought events, droughts remain a large concern for Rwanda, regardless their of infrequent occurrence. Climate Change Risks and Impacts Climate change impacts are having extensive adverse effects on Rwanda s economy, its people and its environment. Already, the country is observing extreme events causing damage and public health concerns. More subtle shifts in the country s regional climate are also changing the landscape. Whether coupled with major events or slower weather pattern transitions, these impacts are only projected to intensify without focused intervention. Flooding and landslides have led to displacement, loss of property and loss of agricultural production. In 2011, floods claimed the lives of 10 people and displaced hundreds of households in northwestern Western Province, destroyed over 350 homes and damaged over 3,000 hectares of farmland. 14 On May 7 th, 2011, landslides claimed 9 IPCC (2014). AR5. Chapter 22: Africa. 10 Interviews with officers from Nyabihu District (2/13/2015). Interviews with Officer from Musanze District (2/13/2015). 11 Rwanda Environmental Management Authority (2009). Rwanda State of the Environment and Outlook. Chapter Interview with officers from Bugesera District (2/20/2015). Interview with Officer from Nyagatare Districts (2/19/2015). 13 Warnest, Mathew, Sagashya, Didier, Nkurunziza, Emmanuel. (2012). Emerging in a Changing Climate Sustainable Land Use Management in Rwanda. FIG Working Group Week, Rome. 14 Ministry of Distaster and Refugee Affairs (2012). Impacts of Floods and Landslides on Socio-Economic Development Profile. Department of Research and Public Awareness, Kigali. `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda 5

10 the lives of 14 people in Nyabihu District. 15 Weather related injury, fatality and property loss are some of the most concerning impacts deriving from climate change. Environmental impacts are also resulting throughout Rwanda as a result of climate change. Where heavy precipitation has caused erosion or landslides, natural waterways are being over silted, in turn ruining stream beds and natural riverine flows while degrading water quality for agriculture or household use. Loss of topsoil also is leading to loss of streambanks, forests and valuable agricultural resources. Displacement from landslides, floods and other climate-related impacts are causing tensions between people neighboring affected areas and displaced people, due to damaged homes or loss of livelihoods. In Nyabihu District, displaced people from the genocide living in the Gishwati Forest were cultivating land on steep slopes that could not support agriculture. Heavy rains washed away crops, homesteads and forced the displacement of thousands of people, causing the Government to step in with relief and alternative areas for their settlement. 16 In response to these types of extreme cases, the Government has intervened to procure land and resources for the relocation of people living in vulnerable areas under stressful conditions. At the same time, some people in vulnerable areas are reluctant to leave, even as agricultural productivity diminishes and livelihoods are threatened, due to fear of the unknown in new locations, uncertain livelihoods and the dismantling of valuable social networks and resources. For these reasons, relocation is often a sensitive procedure, filled with warranted skepticism. 17 Since much of Rwanda s rural employment and even its GDP is reliant on rain-fed agriculture, variations in regional precipitation will have large effects across large portions of the rural population and the national economy. 18 In the Eastern and Southern Province, variations in rainfall and droughts have resulted in food deficits, crop failures and decreases in livestock production. Disruptions to agricultural production are causing increasing competition for local resources, leading to disputes on land claims and leasehold rights. Livestock owners are extending searches for new places to graze, often impeding on others crops and grazing areas and causing tensions with existing leaseholders and landowners. 19 Competition for resources is further amplified by regional political unrest, causing refugees to flee across borders where they compete with existing communities for natural resources. Warmer temperatures also bring a threat of invasive species. New species, plant and animal, are now present in areas they did not previously exist, which may lead to crop damage and increases in rates of vector borne illnesses. 20 Higher temperatures are allowing mosquitoes to live at higher elevations, leading to increasing malaria rates at higher altitudes. 21 New species may also start to appear throughout Rwanda as the 15 Ministry of Distaster and Refugee Affairs, (2012). Impacts of Floods and Landslides on Socio-Economic Development Profile. Department of Research and Public Awareness, Kigali. 16 Interview with officers from Nyabihu District (2/13/2015). 17 United Nations Interagency Framework Team for Preventive Action (2014). Toolkit and Guidance for Preventing and Managing Land and Natural Resource Conflict: Land and Conflict. 18 Interview with Rwanda Environmental Conservation Organization (3/4/2015). 19 Interview with officers from Bugesera District (2/20/2015). 20 IPCC (2014). AR5. Chapter 22: Africa. 21 Interviews with District Environmental Officer, Nyagatare District (2/19/2015). Interview with District Environmental Officer, Nyaruguru District (2/17/2015). Interviews with member of Parliamentary Committee on Agriculture, Livestock and the Environment (3/3/2015). 6 `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda

11 climate warms. Throughout central and eastern Africa, warming trends may increase the threat of the coffee berry borer (Hypothenemus hampei), which could have a significant impact on one of Rwanda s largest and most valuable agricultural exports. 22 In terms of costs and economic loss, warmer temperatures and variations in precipitation patterns have led to extensive, and costly, damage and economic loss. The economic impact of a major flood in 2007 in Nyabihu and Rubavu Districts alone cost between $4 and $22 million, or roughly 0.6% of national GDP. 23 By 2030, it is estimated that climate change impacts will cost Rwanda 1% of its GDP each year. 24 Climate change impacts are often experienced most by the poorest or most disenfranchised communities. 25 Poorer communities are often the ones located in more vulnerable flood or drought prone areas, as these are least desirable, reflected in low property values, lease rates or lack of tenure enforcement. These households also lack the resources to build adaptation measures or otherwise protect themselves when disaster strikes. Gradual displacement from areas of decreasing agricultural productivity and immediate displacement from disaster events cause tension between existing secured land owners and newly displaced people. Collecting and Sharing Climate Change Data To track and project climate change impacts, Rwanda has several programs in place to collect and disseminate weather and climate-related information. Some aspects of climate change impacts are collected more regularly and accurately than others. Information surrounding disaster events, including number of houses damaged or hectares of agricultural land ruined, for example, are easily collected and reported. Other information, such as costs of disasters, economic loss to local businesses, costs of infrastructure damage, are rarely tracked and reported. The Rwanda Meteorology Agency (METEO), within the Ministry of Natural Resources (MINIRENA), collects weather related meteorological data. The agency was recently equipped with several advanced weather stations and powerful computer hardware to store and process weather information collected every five minutes. 26 METEO shares climate data with other ministries who disseminate that information through early warning systems specific to their separate domains. In advance of predicted extreme disaster events, METEO shares extreme event alerts with the Ministry of Disaster Management and Refugee Affairs (MIDIMAR), which oversees an early warning system. One of the first of its kind in East Africa, it is designed to share critical information before disaster strikes so that people and communities have an opportunity to prepare in advance. Since the system is relatively new, its 22 IPCC (2014). AR5. Chapter 22: Africa. 23 SEI (2009). The Economics of Climate Change in Rwanda. **The large range accounts for the fact that the lower limit did not incorporate values of damaged infrastructure, loss of life and agriculture. The upper limit provides an estimate of the total impact of the flood event. 24 SEI (2009). The Economics of Climate Change in Rwanda. 25 Freudenberger, Mark, Miller, David(2010). Climate Change, Property Rights & Resource Governance: Emerging Implications for USG Policies and Programming. Website: 26 Interview with representative in Rwanda Environmental Management Authority Climate Change Unit (2/24/2015). `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda 7

12 performance and operation have yet to be assessed. 27 An early warning system is also managed through the Ministry of Agriculture that shares climate-related information with farmers for use in deciding planting schedules, seed or crop choices and fertilizer purchases. Because the system is relatively new and expensive to maintain and operate, it is currently only available for a few districts. It will be rolled out country wide as resources become available to expand its reach. Over time, more decentralized and specific information are expected to become available at the sector level for more precise prediction of climate change impacts on agriculture. 28 Until recently, Rwanda participated in a worldwide program focused in regions vulnerable to food insecurity, the Famine Early Warning Systems Network (FEWS- NET), a USAID program implemented since The FEWS-NET program collected regional weather data and provided alerts, reports and predictions on regional food availability. While food availability information was provided publicly, it primarily targeted national and local governments for the sake of informing design interventions to prevent food insecurity. While food security is impacted by many different variables, FEWS-NET primarily focused on predicting drought conditions and analyzing other climate related variables to project food availability. 29 The Rwandan FEWS-NET office closed in early 2015, yet regional information will still be available through the FEWS-NET website collected from program offices in other East African countries. The Ministry of Disaster Management and Refugee Affairs (MIDIMAR) is the lead ministry for climate risk identification and analysis, mitigation and disaster relief. Climate-related disaster data is collected and recorded by MIDIMAR. They have issued reports for public distribution to raise awareness on climate change impacts, but little has been done to ensure reports are actually raising public awareness. Many reports are hidden deep in the MIDIMAR website, limiting their accessibility. Finally, MINIRENA is the lead ministry for climate change action and for land use policy and planning. Within MINIRENA, the Rwanda Natural Resource Authority (RNRA) develops national land use plans and land policy. The Rwanda Environmental Management Authority (REMA), also under MINIRENA, develops environmental policy and collects and disseminates climate and environmental data. REMA is in the process of finalizing a baseline climate vulnerability index for the entire country that will identify specific risks and areas of highest priority or most vulnerable. 30 When available, land use planners, developers, land users and policymakers will be able to use the index to inform future plans, policies and programs that incorporate climate change impacts and projections. 4.2 Climate Change Adaptation Integrated in Land Policy 27 Interview with Program Analyst, United National Development Program (3/16/2015). 28 Interview with representative from METEO (2/27/2015). 29 Famine Early Warning System Network (FEWS-NET) (2015). USAID Program. Website: 30 The baseline vulnerability index was commissioned by the Rwanda Environmental Management Authority with assistance from the United Nationals Framework Convention on Climate Change. It was reported as finalized on April 1, 2015, but the report has not yet been made public as of the publication of this research brief. 8 `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda

13 Reference to climate change adaptations in land sector policies exists, but their incorporation is weak and largely lacks any meaningful implications for preparing Rwanda for climate risks or for reducing the country s vulnerabilities. This absence of climate adaptation elements in land policy will be compounded by a growing population and increasing competition for increasingly limited resources. Rwanda has multiple policies, laws and programs that integrate climate change, even if climate change adaptation impacts are indirect results from other land use management activities. Indirect effects of these policies may lead to climate adaptation without being explicitly designed to do so. Laws and Ministerial Orders The Organic Law on the Environment (2005) defines the process for requiring and approving Environmental Impact Assessments (EIA), a regulatory process that identifies effects that may be caused by land use projects. 31 EIAs are a prerequisite to the construction of roads, dams, buildings and other infrastructures, as well as other projects with large environmental footprints. The law also lists the procedures by which developers seek building permits and how those are approved. While climate change is not evident in these procedures, EIA approval processes and building permits can be used as an opportunity to require adaptation elements in site layout and building and project design. The Expropriation Law (2007) list acts of public interest that may be warranted for expropriation, including: public infrastructure, environmentally sensitive areas, mining facilities, cultural and historical reserved areas, and activities to implement land use and development master plans. 32 The law does not explicitly permit expropriation of people on steep slopes, wetlands, or other areas vulnerable to climate change in order to reduce climate risks. To strengthen climate adaptation measures within the law, it could amended to provide stipulations or processes for relocation after disaster events, without necessarily using expropriation as a mitigation action. The Land Law (2013) governs land use and tenure procedures by repealing and replacing previous laws in order to strengthen the law s scope on gender equality, property right protection and environmental conservation and protection. 33 This law does not mention climate change explicitly, but does list stipulations for sustainable land use, including buffers for wetlands and water bodies. In some sense, the law does have components useful for climate change adaptation planning, such as defining flood boundaries or soil erosion controls, but it largely lacks meaningful integration of climate change considerations. 31 Organic Law, No 04/2005 of 08/04/2005 Determining the modalities of protection, conservation and promotion of environment in Rwanda. 32 Law No 18/2007 of 19/04/2007 Relating to expropriation in the public interest. 33 Law No 43/2013 of 16/06/2013 Governing Land in Rwanda. `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda 9

14 The Land Use Planning Law (2012) determines processes and authorities for land use planning at the national and at decentralized levels. 34 The law does not mention climate change, but certain provisions within the law do carry adaptation co-benefits. Limiting sprawl and excessive use of land and energy consumptipon can be seen as adaptation strategies to keep settlements from affecting soil erosion, wetland pollution or to minimize risks to settlements in vulnerable areas. In future revisions to the law, climate adaptation could help strengthen land use planning regulations and processes. The Land Consolidation Ministerial Order (2010) is designed to enable farmers to consolidate multiple parcels under one crop management program. 35 The primary objective of this order is to optimize agricultural productivity as well as strengthen connection between buyers and farmers. Although the program does not state climate change adaptation action, the order could be set up to increase adaptive capacity by charging implementing agencies with responsibility to identify agricultural technologies and practices that suit climatic conditions, inform farmers and provide extension support to implement them. Likewise, the order could provide a framework for delivering efficient relief efforts post disaster events. Policies Many of Rwanda s policies include some elements that may be considered as adaptation measures, but that are not explicitly stated, designed or implemented as such. Other policies that deal with land use do not include climate change adaptation at all, such as the Mining Policy (2009), regardless of the fact that national strategies and sector strategic policies list climate change is as a crosscutting issue that affects all sectors. The Environmental Policy (2003) cites climate change as a major threat to development, livelihood and public health and safety, and it acknowledges human contribution to major climate change. 36 Although the policy predates most of Rwanda s other climate change measures, the policy does include strong adaptation measures through recommendations to strengthen early warning systems and mitigation efforts, as well as policies to improve disaster management and relief efforts. While explicit mention of planning for climate change risks is not included in the policy, the Five Year Strategic Plan for the Environment and Natural Resources Sector ( ) states objectives to make Rwanda more resilient and adapted to climate change though the pursuit of financing mechanisms, infrastructure design requirements and mainstreaming climate change priorities Law No 24/2012 of 15/06/2012, Relating to the planning of land use and development in Rwanda. 35 Ministerial Order No 14/11.30 of 21/12/2010, Determining the models of land consolidation and its productivity. 36 Ministry of Lands, Resetttlement and Environment (2003). National Environmental Policy. 37 Ministry of Natural Resources (2013). The Five Year Strategic Plan for the Environment and Natural Resources, `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda

15 The National Land Policy (2004) outlines planning and land use goals and sets guidelines for sustainable land use. 38 This policy does not include specific measures to increase Rwanda s adaptive capacity; however, it does outline the country s strategies to determine settlement structures and the protection of environmental areas. By limiting sprawl, densifying urban and rural areas, the policy has the potential to ensure that communities are located out of vulnerable areas, or planned in a way to minimize risks and increase community resilience. The National Forestry Policy (2010) also does not make specific climate change adaptation recommendations. 39 Instead, the policy acknowledges that increasing forest cover helps to reduce climate change, risks, desertification, erosion and the degradation of water quality. The forest policy suggests the use of financial incentives to promote agroforestry and the sustainable management and expansion of forests. Finally, the plan sets a target of increasing the nationwide forest cover to 30% by 2016, from a 20% baseline in 2006, which would help reduce risks of climate change impacts over time. The National Housing Policy (2015) promotes green construction methods that minimize energy use and environmental impacts while also creating healthy living environments for occupants. Many of the green building treatments can be designed as climate adaptation measures, including: onsite storm water retention to reduce flooding down slope and passive lighting and cooling designs to minimize energy consumption and reduce blackouts from overstressed energy grids in periods of high demand. 40 The policy also includes strong risk mitigation and resiliency measures to encourage homeowners, builders and planners to adopt resilient designs and plans to protect settlements and the environment through the provision of sustainably designed public infrastructure. The National Human Settlement Policy in Rwanda (2009) states priority to mitigate and adapt to climate change, but substantive actions or procedures are not included within the policy. 41 The policy, however, does make recommendations and outlines processes to increase density in rural and urban areas, with the intention of better service provision, more efficient land use and improved environmental protection of areas surrounding settlements. Similar to the land policy, these interventions can be seen as adaptation measures since they can reduce exposure to risks in disaster prone areas and improve public intervention to reduce impacts following disaster events, both gradual and at once. National Programs 38 Ministry of Lands, Environment Forests, Water and Mines (2004). National Land Policy. 39 Ministry of Forestry and Mines (2010). National Forestry Policy. 40 Ministry of Infrastructure (2015) National Housing Policy. 41 Ministry of Infrastructure (2009). National Human Settlement Policy of Rwanda. `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda 11

16 Rwanda has several nationwide programs that are designed to both increase the country s adaptive capacity and protect and optimize land use, especially for agriculturalists. Rwanda s National Adaptation Program of Action (NAPA) (2007) is part of its obligations in signing the Kyoto Protocol. The NAPA is a reporting program prepared by Least Developed Countries to describe the country's most "urgent and immediate needs to adapt to climate change." The program is overseen by the United Nations Framework Convention on Climate Change (UNFCCC). As part of Rwanda s NAPA, activities are listed to integrate climate change in water resources management, hydro-agro early warning systems, and promotion of non-agricultural income generating activities. So far, the NAPA has held consultations in all provinces to develop an overall summary of climate change vulnerabilities across the country. Additionally, studies have been undertaken on vulnerability to climate change and adaptation measures implemented in Rwanda; however, few actionable projects have been undertaken under the program. The Land Tenure Regularization Program ( ) demarcated and registered private property parcels across Rwanda. Secured land titles may help to facilitate smallholder access to credit, which could be used to construct adaptation measures and reduce risks. Data collected during the regularization program is maintained in the national land registry, which could be used to identify owners of property damaged from extreme events and expedite relief efforts. Finally, the land registry could be useful to identify landowners with property in vulnerable areas and focus mitigation efforts through encouraging these landowners to embrace adaptation policy, such as reforestation, irrigation, or other flood prevention measures, as examples. The Land Use Consolidation Program (2008) is a mechanism to bring farmers owning adjacent plots together to grow priority crops deemed best suited for the area. Farmer participation in the program makes them eligible for seed and fertilizer subsidies available through the Crop Intensification Program. Priority crops are determined by the Ministry of Agriculture, using climate and biophysical data to determine the best suited crops in the area under current conditions. This presents an opportunity to focus disaster relief efforts if all farmers are known and their crops (and crop values) are similar. This program could also be useful for implementing concentrated and specific adaptation measures across a larger area and at scale, or through which to verify the performance of a livestock and agriculture program, following exercises to increase productivity or mitigate risks. The Fund for the Environment and Climate Change in Rwanda (FONERWA) (2012) is a basket fund, available to private, public and non-profit sector organization, to support climate change mitigation and adaptation projects. Through a multi-layered application process, the fund prioritizes and supports projects that: contribute to the country s low carbon development, mainstream climate change into national policies and public action, and promote adoption of adaptation and resilience strategies. Eligible projects must fit within four thematic windows that include land conservation, technology and knowledge 12 `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda

17 transfer, climate change mainstreaming or monitoring and enforcement. Awarded projects must also track and report progress toward key indicators that measure climate change adaptation and mitigation action. National Guiding Strategies Rwanda has several guiding documents that contain climate change adaptation elements and that carry great weight in setting national priorities, influencing ministry performance plans and guiding sector specific policies. The latest versions of these policies include mention and measures for addressing climate change and increasing Rwanda s adaptive capacity. Vision 2020 (adopted in 2000 and revised in 2012) serves as the leading national policy, guiding other plans, legislation and sector strategies by setting the vision for where Rwanda aims to be in The original draft did not acknowledge climate change as a threat; whereas by 2012 Vision 2020 had accepted climate change as a crosscutting issue that affects all development sectors. It now cites the need to mitigate climate change impacts by focusing on environmental policy and green growth strategies. To achieve this, Vision 2020 cites a number of specific actions and priorities to ensure economic growth and commercial activity, public health, agricultural productivity and environmental protection. Activities vary from increasing forest cover, to ensuring access to water and sanitation, to wetland protection or strengthened design and construction of infrastructure, to name a few. 42 The Economic Development and Poverty Reduction Strategy II ( ) (EDPRS2) serves as shorter term plan to reach goals set forth in Vision 2020, with primary focus on reducing poverty. 43 The policy is structured into four thematic areas, with climate change embedded as a crosscutting issue, transcending all areas. Specific activities for green growth and sustainability are included as key priorities within economic transformation principles, including climate change adaptation components to support a green economy and physical planning processes for urbanization goals. To gauge impacts and progress toward Vision 2020 goals, emphasis is also placed on monitoring and evaluation systems, including a green accounting framework that will demonstrate effective policy implementation and economic benefits of environmental protection." The Green Growth and Climate Resilience Strategy (2011) facilitates the integration of adaptation and mitigation policy into all sectors through identifying climate change impacts as a crosscutting issue in sector strategic plans. 44 The strategy acts as Rwanda s overarching climate change policy and includes measures for mitigating greenhouse gas emissions as well as adapting to and increasing resilience to climate change impacts. The strategy includes 42 Republic of Rwanda (2012). Rwanda Vision 2020: Revised Republic of Rwanda (2013). The Economic Development and Poverty Reduction Strategy: Shaping Our Development ( ). 44 Republic of Rwanda (2011). Green Growth and Climate Resilience: National Strategy for Climate Change Adaptation and Low Carbon Development. `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda 13

18 specific recommendations per sector, accounting for climate impacts to each sector by setting a longer term vision for Rwanda to The strategy proactively adopts a long term planning vision by recommending action now to ensure Rwanda s adaptive capacity and resilience in the future. It likewise offers specific recommendations within targeted programmes of action to address climate related challenges facing Rwanda s continued economic growth and development. With the recent adoption and implementation of these policies, laws and programs, all ministries and governmental authorities are now tasked with integrating and mainstreaming climate change into their programmatic activities and service provision. Overseeing climate change programs and ensuring the widespread adoption of mitigation and adaptation policies is REMA, within MINIRENA. In 2009, a Climate Change Unit within REMA was established to guide the process of mainstreaming climate resilience and low carbon development into all sectors. The policy framework in place allows REMA to work closely with other ministries and actors in the private sector to ensure that coordination leverages strengths and resources from partners working towards shared goals. Unfortunately, many agencies operate within silo-ed environments, focusing on limited scopes withinframed by individual performance plans. 45 The tendency to work independently is a major reason why close coordination is often cited as a key recommendation toward strengthening climate change adaptation measures Climate Change Adaptation: Implementation and Outcomes Little formal research has been done to ensure that land use programs are reaching their intended level of impact and that climate change adaptation elements of land use policy are helping Rwanda to better adapt to climate related risks. Since few specific climate adaptation targets exist in sector specific strategic plans, development of such targets, with corresponding monitoring and evaluation efforts, could help to leverage stronger efforts to implement adaptation measures and further reduce climate related risks. Lacking scientific research or consistently tracked data, this report draws on qualitative information gained from land use planners, policymakers and civil society experts with insights on Rwanda s land policies and climate change impacts. Many subject matter experts cite single events, or lack of recent events, as evidence of advances in Rwanda s adaptive capacity, without directly attributing program impacts as adaptation successes. However, longer term monitoring and evaluation will be necessary to accurately determine effectiveness of programs and policies related to land use and climate change. Some programs have been in place over longer periods of time and are generally seen as crucial interventions to preserve land quality. Although not designed with climate change adaptation in mind, they are unintentionally helping make Rwanda more adapted to climate change. Since Rwanda has long faced challenges associated with 45 Interview with representative from the Rwanda Environent and Development Organization (3/2/2015). 46 Interview with representative from the Rwanda Enviromental Management Authorities Climate Change Unit (2/24/2015). 14 `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda

19 heavy rain, challenges that are pronounced when many livelihoods rely on rain fed agriculture, the country has many programs already in place to address effects from heavy rainfall. Most interventions are aimed at controlling erosion, such as terracing, tree planting, mulching and ditching, and steep slope use restrictions. In some cases, Rwanda can point to successful implementation of policies that have had intended impacts. District officers report that limiting development in the Northern Province near the Gishwati Forest, paired with slope control, reforestation and erosion mitigation measures, have reduced the number of landslides and reduced soil loss. Although there is little scientific evidence to prove these interventions reduce erosion and landslides in Rwanda, they are widely considered by soil experts and environmental planners as effective measures to reduce topsoil loss. 47 To protect wetlands and water bodies, reduce flood vulnerability and maintain water quality, Rwanda mandates buffer zones extending from the high water mark, in order to restrict land use close to the water s edge. This buffer zone could be seen as protecting investment, such as buildings, crops or infrastructure, in areas prone to flooding. Buffer zones are reinforced through building permits, Environmental Impact Assessments, zoning and enforcement of the Land Law (2013). Although buffer zones are not designed specifically to protect land use investments against flooding, they nevertheless do act as risk mitigation measures. Some temporary structures and settlements still occur in wetland areas, and agriculture is common in many wetlands. Yet government interventions to relocate people living or cultivating within these areas are typically singular events without coordinated effort or a formalized program to move people from harm s way. A publicly available inventory of these relocation events is also not available as government-based intervention to force community relocation is a sensitive issue that raises questions on compensation, effects on land owners in neighboring areas where displaced people are relocated, and economic and social impacts on relocated communities. One of the strongest regulatory requirements in place is embedded in the Organic Law on the Environmental (2005) requiring Environmental Impact Assessments (EIA) for all new projects that have an effect on the environment or that pertain to any body of water (wetlands, rivers, lakes), in the interest of the public good. Public good projects include, but are not limited to: roads, drainage, energy, or infrastructure, to name a few. EIAs are required for projects that fall outside of permissible land use regulations, pertain to site disturbance, use, or zoning restrictions. They are an effective tool to ensure that all projects have adequately considered and minimized project impacts on the environment. Although neither climate change impacts nor inclusion of adaptation measures are required elements of the assessments, EIAs are an opportunity to ensure that projects are provisioning for site-level environmental impacts and working to mitigate those effects. Finally, land use planning (discussed in the next section) is a strong example of land use policy integrating climate risk mitigation measures, if even not designed specifically for that purpose. For example, zoning regulations can act as effective land use controls that are already in place and determine allowable uses within specified 47 Widomski, Marcin (2011). Terracing as a Measure of Soil Erosion Control and Its Effect on Improvement of Infiltration in Eroded Environment, Soil Erosion Issues in Agriculture. Ed: Dr. Danilo Godone. Website: `Land Tenure Reform, Land Use and Climate Change Adaptation In Rwanda 15